Exercise #3

Student’s Name: LOUIE –AL VONTROY C BENITO

Year/ Section: BACHELOR of SCIENCE IN CRIMINOLOGY
Instructor: EDISON SOLA
School: Naga College Foundation

Study Guide:
Write down your thoughts on the space provided below

1. Explain the difference between persecution and prosecution.

The prosecution refers to a legal proceeding involving the institution and continuation of a legal
proceeding by one party against another, with the aim of pursuing a trial and, subsequently,
obtaining a conviction against that person. It also refers to the party initiating legal action against
another party.

Persecution refers to the act of persecuting an individual or a group of people on the basis of
race, religion or gender, which is to inflict harm or injustice or harassment. This is illegal and
constitutes a violation of human rights.

2. Explain the difference between a complaint and an information.

A complaint as defined by the Rules of Court is a sworn written statement charging a person
with a violated offence, subscribed by the offended party, or any peace office, or other
public official charged with enforcing the violated law. On the other hand, an information is
described as an allegation in writing charging a person with an offence, subscribed by the
prosecutor and lodged with the court.

3. Provide a short summary on how preliminary investigation is conducted.

Preliminary inquiries shall include the process of collecting, processing, storing and reviewing evidence in order to determine
whether a crime has occurred. This investigation is taking place early in the criminal investigation process. The objective is to find
out who can be suspected of a crime and whether or not there is sufficient evidence to initiate an action. The Prosecutor shall
conduct the preliminary investigation from the point at which a certain individual can reasonably be suspected of having
committed the offence. In the case of less serious offences, the police shall conduct preliminary investigations from the beginning
to the end.

4. Explain the connection between the conduct of preliminary investigation and inquest in
relation to Article 125 of the Revised Penal Code.

5. Why is bail part of the due process requirement of the CJS.

6. Examine whether there is a need to exercise prosecutional discretion.

Exercise #3

Student’s Name: LOUIE –AL VONTROY C BENITO

Year/ Section: BACHELOR of SCIENCE IN CRIMINOLOGY

Instructor: EDISON SOLA

School: Naga College Foundation

Study Guide:
Write down your thoughts on the space provided below.

1. Explain the importance of jurisdiction in criminal cases.

- Jurisdiction is the power of a court to hear and decide cases. In criminal law, it includes the power to impose
punishment. It is also the authority of a sovereign governing body to legislatively define criminal activity and to
prosecute individuals who violate those criminal laws within the sovereign's geographic bounds. The importance of
jurisdiction in criminal cases for example in a criminal case, proper jurisdiction is defined by the location of criminal
activity and the subject matter of the criminal activity that occurred. In order for a court to be able to prosecute an
individual for any charged crime, the prosecuting court must have proper personal and subject matter jurisdiction over
the individual. Should either of these elements be lacking, the accused may be able to argue that the court has no power
to proceed with the prosecution and that the proceedings be abandoned. Jurisdictional rules and the procedure for
arguing a lack of jurisdiction over the accused are specific to each court and the procedure for ending prosecution on a
lack of criminal jurisdiction argument will vary by court and sovereign.

2. Explain the importance of the function of the courts in the administration of justice.

-Courts are important because they help protect our constitutional rights to equal protection and due process under the
law.Both criminal and civil courts provide the opportunity for the parties to have their cases heard by neutral judges
and/or juries. This process ensures that all cases are decided in a fair and consistent manner.Courts provide a forum to
resolve disputes and to test and enforce laws in a fair and rational manner.Courts are an impartial forum, and judges are
free to apply the law without regard to the states wishes or the weight of public opinion but in line with human
rights.Court decisions are based on what the law says and what the evidence proves; there is no place in the courts for
suspicion, bias or favouritism. The procedures and decisions must be accessible and transparent and apply the rights
found in the European Convention on Human Rights (ECHR). This is why justice is often symbolised as a blindfolded
figure balancing a set of scales, oblivious to anything that could detract from the pursuit of an outcome that is just and
fair.Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve disputes, to maintain the rule of
law, to provide for equal protection to all regardless of background and to ensure the due process of law.Courts exist so
that the equality of individuals and the state is reality rather than empty rhetoric and to ensure that the rights enshrined
in the ECHR are applied in its decisions and complied with by legislation.From these statements it can be seen that
courts are regarded as playing an important role in protecting and enforcing the rights of individuals. Those rights may
come from (be derived from) statutes, treaties (for example, the ECHR) or common law.The courts’ function is to
adjudicate legal disputes between parties and carry out the administration of justice in accordance with the rule of law.
The courts’ role is to determine disputes in the form of cases which are brought before them.

3. Discuss the importance and effect of arraignment in the administration of justice.

Exercise #3
-The arraignment is very significant because it allows the defendant certain rights. Because of arraignment here are
some of the rights that can be given to anyone:

1. Learning of the precise charges against him or her

2. Learning of the right to an attorney.

3. Making an initial decision on the plea

4. The defendant will also have the opportunity to seek bail.

4. Discuss the effect of finding of guilt, the suspension of rendering judgment, the suspension of sentence.

*Effect of finding of guilt*

-(a) Any member who has been found guilty of or has tendered and has had accepted a plea of guilty or no contest to a
criminal offense showing professional unfitness in any state or federal court, may be suspended from the practice of law
as set out in 27 NCAC 01B .0115(d) of this Rule.

(b) A certificate of the conviction of an attorney for any crime or a certificate of the judgment entered against an
attorney where a plea of nolo contendere or no contest has been accepted by a court will be conclusive evidence of guilt
of that crime in any disciplinary proceeding instituted against a member.

(c) Upon the receipt of a certified copy of a jury verdict showing a verdict of guilty, a certificate of the conviction of a
member of a criminal offense showing professional unfitness,or a certificate of the judgment entered against an
attorney where a plea of nolo contendere or no contest has been accepted by a court, the Grievance Committee, at its
next meeting following notification of the conviction, may authorize the filing of a complaint if one is not pending. In the
hearing on such complaint